HomeMy WebLinkAbout20020873.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF
CERTAIN STREETS AND AVENUES ADJACENT TO THE TOWN OF AULT, QUIT
CLAIM DEED FOR TRANSFER OF SAID STREETS AND AVENUES, ASSUMPTION
OF MAINTENANCE AND ANNEXATION THEREOF, TO AND BY THE TOWN OF
AULT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Town of Ault ("Ault") desires to annex the entire width of 3rd Avenue,
from Colorado State Highway 14 south to "B" Street, and the entire widths of"A" Street and "B"
Street, east from 3rd Avenue, as shown on the plat which is attached hereto as Exhibit"A," and
WHEREAS, Ault has submitted to the Board of County Commissioners an
Intergovernmental Agreement for the Improvement of Certain Streets and Avenues Adjacent to
the Town of Ault to transfer said portions of 3rd Avenue, and "A" and "B" Streets by quit claim
deed to Ault, so that Ault will then be able to expedite such annexation, and
WHEREAS, said Intergovernmental Agreement addresses the issue of improvements to
the described streets and avenues, requires Ault to pay for a portion of such improvements,
and requires Ault to maintain said streets and avenues after improvements are complete and
the date of recording of the quit claim deed, and
WHEREAS, the Board of County Commissioners deems it advisable to approve said
Intergovernmental Agreement and quit claim deed, and authorize the Chair to sign all
necessary documents.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Improvement of Certain
Streets and Avenues adjacent to the Town of Ault to Transfer said portions of 3rd Avenue, and
"A" and "B" Streets, Assumption of Maintenance and Annexation Thereof, to and by the Town
of Ault, and associated Quit Claim Deed be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board of County Commissinners that the Chair be,
and hereby is, authorized to sign all necessary documents and that the Clerk to the Board is
directed to record such Quit Claim Deed after full execution thereof.
2002-0873
r(1 Ade? /7 u/f EG0046
RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR THE
TRANSFER OF PORTIONS OF 3RD AVENUE AND "A" AND "B" STREETS, ASSUMPTION
OF MAINTENANCE AND ANNEXATION THEREOF - TOWN OF AULT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
��,�� WELD COUNTY, OL RADO
ATTEST: f � ,ili
Gleikr, Chair
Weld County Clerk to the Board �
CeTIDavid E. ong, Pro-Te
to the Board BGtwJ
`""• ��r M. J. Geile ta6t �`�
�? ''`� `,,,%►� ill' m H. Jerke
ouhty AZorn:
Robert D. Masden
Date of signature: g:1/42"0Q--
2002-0873
EG0046
264
INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF CERTAIN
STREETS AND AVENUES ADJACENT TO THE TOWN OF AULT
THIS AGREEMENT is entered into this ceday of"/' APA , ,2002,by and between
the Town of Ault,a municipal corporation of the State of Colorado,whose address is 201 1"Street,
P.O. Box 1098, Ault, CO 80610, hereinafter referred to as "Town," and the County of Weld, a
political subdivision of the State of Colorado,by and through the Board of County Commissioners
of the County of Weld, whose address is 915 10th Street, P.O. Box 758, Greeley, Colorado 80632,
hereinafter referred to as "County."
WITNESSETH:
WHEREAS,Town.and County acknowledge the need for improvements to certain portions
of 3`d Avenue in and adjacent to Town, said improvements to include base preparation, paving,
shouldering on each side of the finished pavement, and
WHEREAS, County desires to transfer to Town ownership and all of the maintenance
responsibilities for the entire width of 3`d Avenue, from Colorado State Highway 14 to "B" Street,
and the entire width of"A" and "B" Streets, east from 3`d Avenue, as shown on the plat which is
attached hereto as Exhibit "A," and
WHEREAS,Town agrees to accept said ownership and maintenance responsibilities unpon
completion of the improvements contemplated herein and upon execution of the quit claim deed for
said streets by County, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(a).
NOW,THEREFORE,in consideration of the mutual promises and covenants stated herein,
the parties hereto agree as follows:
1. TERM:
The term of this Agreement shall be from the date first written above to and until
such time as: a) the improvement project is completed, and b) the reimbursement
amount, as described in Subparagraph 3.a., below, is paid by Town to County.
2. COUNTY AGREES:
a. To improve the entire width of 3rd Avenue,from Colorado State Highway 14
to"B" Street,at County's sole expense. The term"improve,"as used in this
Subparagraph 2.a.,shall include a 6 inch gravel base and preparation,paving
to a width of 30 feet and a depth of 3 inches,and gravel shouldering of 4 feet
Page 1 of 4 Pages
111111111111111111111111 III 11111 111111 III lit 1111 �fl 2002-0873
2945264 04/23/2002 10:41A JA Suki Tsukamoto
1 of 5 R 0.00 D 0.00 Weld County CO
on each side of the finished pavement, tapering to fit the existing terrain.
b. To improve the entire width of 3`d Avenue,from"B" Street one block south,
for which Town will reimburse County for the entire cost thereof, not to
exceed a total of$17,000, over a period of time not to exceed 3 years from
the date of completion of such improvement by County. 'The term
"improve," as used in this Subparagraph 2.b., shall include a 6 inch gravel
base and preparation, paving to a width of 24 feet and a depth of 3 inches,
and gravel shouldering of 4 feet on each side of the finished pavement,
tapering to fit the existing terrain.
c. To improve the entire width of"A"and"B" Streets,east from 3`d Avenue, at
County's sole expense. The term "improve," as used in this Subparagraph
2.c., shall include a 4 inch gravel base and preparation, paving to a width of
24 feet and a depth of 2 inches,and gravel shouldering of 4 feet on each side
of the finished pavement,tapering to fit the existing terrain.
d. To deed, by quit claim deed, to Town the entire width of 3`d Avenue, from
Colorado State Highway 14 to "B" Street, and the entire width of"A" and
"B" Streets, east from 3`d Avenue, as shown on the plat which is attached
hereto as Exhibit"A," in the form which is attached hereto as Exhibit "B."
Said deed shall be signed by the Chair of the Board of County
Commissioners of Weld County and recorded in the Office of the Weld
County Clerk and Recorder upon completion of the improvements by County
as contemplated herein.
3. TOWN AGREES:
a. To pay to County the entire cost of the improvement of 3`d Avenue,from"B"
Street one block south,not to exceed a total of$17,000,over a period of time
not to exceed 3 years from the date of completion of such improvement by
County.
b. To approve a petition for annexation to the Town for the annexation of the
entire width of 3`d Avenue, from Colorado State Highway 14 to "B" Street,
and the entire width of"A"and"B" Streets, east from 3`d Avenue, as shown
on the plat which is attached hereto as Exhibit"A." Said annexation petition
process shall proceed after County deeds by quit claim deed to Town all of
said street. Town shall maintain said streets after the date of recording of the
quit claim deed.
c. To accept ownership of the entire width of 3`d Avenue, from Colorado State
Highway 14 to "B" Street, and the entire width of"A"and"B" Streets, east
Page 2 of 4 Pages
1111111 11111 111111111111 III 111111111111 HMI
IIII IIII
2945264 04/23/2002 10:41A JA Suki Tsukamoto
2 of 5 R 0.00 D 0.00 Weld County CO
•
from 3`d Avenue, upon the signing and recording of the quit claim deed as
contemplated in Subparagraph 2.d., above.
4. SEVERABILITY:
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
6. MODIFICATION AND BREACH:
This Agreement contains the entire agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction,whether oral or written. No modification,amendment,novation,
renewal, or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term,provision, or clause of this Agreement
shall be deemed waived or excused,unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
7. INDEMNIFICATION:
To the extent authorized by law, Town agrees to indemnify, save, defend, and hold
harmless County from any and all liability incurred as a result of acts, omissions, or
failures to act by County during and in the course of its performance of the duties set
forth in this Agreement on the streets currently within the boundaries of Town. The
term"liability"includes,but is not limited to,any and all claims,damages,and court
awards,including costs,expenses,and attorneys' fees,incurred as a result of any act
or omission by County and its employees.
Page 3 of 4 Pages
1 111111 11111 1111111 VIII III 111111 111111 III 11111 IIII IIII
2945264 04/23/2002 10:41A JA Suki Tsukamoto
3 of 5 R 0.00 0 0.00 Weld County CO
•
8. NO WARRANTY:
By Virtue of it's entering into this Agreement and upon it's promises to
perform the work described herein, County makes no warranties, either
express or implied, that the improvements contemplated herein meet or will
meet standards other than those generally required for counties and cities of
the size and type similar to County and Town.
IN WITNESS WHEREOF, the parties hereto have signed this Amendment
this 25th day o f„ ch, 2002.
J�,coc1N OF
`Tllllr TOWN OF AULT, a municipal corporation of
S' 's,9 t b-s ` a The STATE OF COLORADO
�` S
it \ 1904 '
By: A1ty;• ...c4 ✓ By: c� t, tic-C-----
aro 'f+don, Clerk Stanley D. Cass; M or
44 Ils ��'
!! County eCl rk to'tili o of thhe STATE OF COLORF WELD, a o1 i DOal subdivision
isbittS4
,l� _,,,,i-
t By �: At i.44
� r
,� ''+L�+`` `�a` y Clerk to the Board- y Glenn Vaad, ChaiThi , o y/e fate ti)
u �
111111111111111111111111 III 111111111111 III 11111 IIII IIII
1945264 04/23/2002 10:41A JA Suki Tsukamoto
4 of 5 R 0.00 0 0.00 Weld County CO
Page 4 of 4 Pages
EXHIBIT "A"
WELD COUNTY
l� AULT
A -
� \•
I
inn- 14 ,
1
1
STATE HWY 14
C2
m
e
t K
400 FT.
AST.
400 Ff. I
B ST. 1GATE
N
TITLE: LOCATION MAP
LOCATION: . _Town-pf-Ault
• DATE: 10-20-94
111111111111111111111111 III 111111 111111 III 11111111U U DRAFTED BY: D. Dreher
2945264 04/23/2002 10:41A JA Suki Tsukamoto
5 of 5 R 0.00 D 0.00 Weld County CO
265
QUIT CLAIM DEED
THIS DEED is made this 8th day of April , 2002, between Weld County,
Colorado, a body politic and corporate of the State of Colorado of the first part, and the Town of
Ault, a municipal corporation of the State of Colorado, whose address is 201 1St Street, P.O. Box
1098, Ault, CO 80610, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration, to the said party of the first part
in hand paid by the said party of the second part, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second
part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the parcels of land situate, lying and being in
the County of Weld and State of Colorado, to wit:
The streets or roadways adjacent to the Town of Ault, Colorado, being the entire width of
3`d Avenue, from Colorado State Highway 14 south to "B" Street, and the entire width of"A"
and "B" Streets, east from 3`d Avenue.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
IN WITNESS WHEREOF, I, Glenn Vaad, Chairman of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by
virtue of the Order contained in the Resolution made by said Board of County Commissioners on
the Ath day of April , 2002, have hereunto set my hand and affixed the seal of said
County this 8th day of April
, 2002, for the uses and purposes therein set forth.-ATTEST: AO//'(///G COUNTY OF WELD, STATE OF
1 D� COLORADO, A BODY POLITIC AND
HE BOARD OF CORPORATE OF THE STATE OF
•
MISSIONERS COLORADO
1861 l0SQs19.� ail
ail
-2 BY:
O erk to the Board J Glenn Vaad, 4/08/02)
yT.-f=
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument �oib^:;_-d before me this 8th day of April _,2002,
by Glenn Vaad, as Chairman ofard o r Commissioners of the County of Weld, State
of Colorado. DONNA J.
I BECHLER
Witness my hand and o seal this 8 .e! of April , A.D., 2002.
,. OF�.,oQp
My commission expirgs.Comm/++wa Ewan April 1142004
1 111111 11111 11111 III 111111111111 1111
2945265 04/23/2002 10:41A JA Suki Tsukamoto
1 of 1 R 0.00 0 0.00 Weld County CO
a'ocY-o i,3
Hello